Help Needed

[cbpritchard]

Good morning

So let me begin by identifying the fact this is going to be similar to the post most new comers have, and I apologize if there is any inconvenience. At this time my anxiety is very high and I find myself so very unknowledgeable about what will happen in the short future. In July of this year I submitted three claims with my local VA representative, I had a C&P exam in September and was denied claim for all three aliments in November. The documents stated that there was evidence showing I suffered from all three complaints prior to my military service, 1. Severe Chronic Sinusitis 2. Acid Reflux 3. Chronic Sinus Migraines(Headaches).
I DEP in the US Army in 2004 at the age of 19, I can only imagine the "evidence prior" was from the well established senior physician who did the pre basic exam asking questions such as " have you ever had heartburn". I had no coaching prior to that interview, no one told me that I may need to say certain things to avoid issues later in life. I was a  young and healthy man, I could not slightly remember any doctors visits minus a issue with breaking my left finger at that age.
I never had any allergy concerns, once and a while I would sneeze and as a young man that didn't know any better I probably told the examiner I had allergies (correlating) the sneezing or coughing. In November of 2004 my unit was dispatched to train in California, while rail heading our equipment to AZ, my unit was informed a vehicle in our company which was under my ward being a Humvee mechanic was sabotaged somewhere between KS and AZ. The initial information was the perp had been a decorated individual who came back and had issues with personal conduct which involved his court martialing. This vehicle was TC'ed by the NCO who testified in that CM, I suppose he thought by placing various unknown chemicals into that vehicle he could blow it up like in the movies.
Anyways I was informed the vehicle had to be towed to CA from AZ, upon arrival I was ordered to take the fuel cell out and clean it due to it having to be used for training. "White Cell" we were told would be responsible for removing any contaminates in the cell before work would be done. When I was ordered to work on the tank, there was literally 6 inches of sand/mud caked on the cell and I had no choice being a PV3 but to begin working on this vehicle. When I unbolted the metal strap the half full cell fell from the mount snapping the lines and the system depressurized and blew fuel and whatever contamination was in the tank with it all over me from head to waist saturated.
Now sorry for that long story, fact is there was never an investigation I flushed my eyes changed clothes and had to finish the job. The clothes I wore had to be thrown away due to giving other "soldiers" migraines in the tent. 3 weeks after the incident my world began to change. Honestly it has been absolute hell, some doctors though I was lying some didn't I was honorably discharged because I had so many health issues there was no way I could continue.
The three claims I filed were complaints that started post the incident, no doctor I have spoken too seems to agree on the same reasons but I have without a doubt been treated for the three conditions numerous, and extremely numerous times from the VA and my local physician.
I was told that I needed to speak with my VA doctor and my local doctor and have them put into writing how they feel I suffer from issues derived from the above conditions I claimed, I have had a lot of trouble getting the VA to understand this. They think I am trying to get the doctor to write how I should get a percentage for the conditions which is not the case. I simply need them to put how in their opinion from looking at my medical history from VA and Local that I suffer from those conditions.
I know these conditions are not "normal" things people claim for and there tough to win, but without a doubt these three conditions change my life forever. I spend thousands of dollars treating them and have been ridiculed and suffered discrimination to no end, especially during the first 4 or 5 years post military of attempting to learn to live with my conditions.
I'm not trying to get a pity card, I did not give up what others did and I will never take any more credit than I deserve but for them to deny me based on "prior evidence" and "no evidence post" is entirely unfair in my opinion and I intend to prove that.
Any help and information is very appreciated.

[Gastone]

Just don't wait for the c-File to arrive before filing the NOD.

In order to use the VA appeal Process known as the DRO Review or Hearing ( I prefer the Hearing but it takes longer), it is MANDATORY that you provide "New & Material Evidence" supporting your claim, that wasn't available to the original Rater for review.

For future lengthy posts, how about Dbl Spacing every 4 or so sentences. Makes it much easier to read.

Semper Fi

[cbpritchard]

Thanks for the info, and the advice.

I assume that in a perfect senario I might have the evidence, and documentation to attempt the appeal by March, April at the latest. So would it be too early to do the NOD? The VSO mentioned that appeal cases take up to 5 years? On the SInusitis claim, they used specifically a surgical procedure I had in my early teens to remove my adnoids and toncils, citing prior sinus complications.

I do know however the reasons for that surgery was not connected to sinus disease complications, I assume in order to provide new material for that appeal I need to first bring that to attention. I guess this starts a long journey!

[Berta]

The VSO is correct. There is info here on "Buddy Statements" and what they should contain.

You unit may well have a web site, with even a reunion roster where vets have their contact info.

Buddys can often be found by simply googling their names....I found a buddy for a member here in mere minutes via google.

There were a few other people with his name,but I knew his MOS and narrowed him down quickly.

The vet contacted him, but unfortunately he did not recall the veteran's incident at all.However the veteran certainly had the unit web site as well and was willing to keep pursuing a search for a buddy,.. 

"I do know however the reasons for that surgery was not connected to sinus disease complications, I assume in order to provide new material for that appeal I need to first bring that to attention. "

Yes. The medical info on that that can verify what you said is probative evidence.

Did the RO have all of your private medical records?  Pre enlistment med recs too?

 

Edited January 13, 2017 by Berta

[cbpritchard]

Berta,

Thanks for your responce, at this time I am unsure if the VO had all the records. I am working with my mother to obtain any and all records and info about medical history prior to joining the service.

In regards to the buddy that was at the location of my incident, that itself is going to be a exciting ride! This soldier had only been in our unit for a month when we went to training, from what I heard after my departure he went to Infantry. I have located a few commrades from my service. Keeping my fingers crossed that they will assist me in locating this guy.

Sometimes I feel as if some of the staff at the VA are opposed to leaning more on the side of a potential claim win than the other way. It may be in my interest to speak with an private ENT to get an opinion on adeniods complications related to chronic sinus disease. That may be more complelling than a family practicitioners opinion only.

[MikeHunt]

11 hours ago, Gastone said:

In order to use the VA appeal Process known as the DRO Review or Hearing ( I prefer the Hearing but it takes longer), it is MANDATORY that you provide "New & Material Evidence" supporting your claim, that wasn't available to the original Rater for review.

This doesn't sound correct.

[Gastone]

Mike, which part?

Filing a DRO Review request, without providing the VA Mandatory N & M Evidence, will result in an Administrative Denial per VA DRO Manual. You can get a DRO Hearing without providing the N & M E before the actual Hearing, however failure to provide any N & M E at the Hearing will result in the DRO continuing the original Denial.

I'm not sure of the exact number, but more than a few Vet's have received an unexpected DRO Review Denial, when they thought they were waiting for a requested DRO Hearing to present their N & M Evidence. Turns out, their VSO-rep requested a Review (in error) instead of a Hearing. The Vet was setting on his N & M Evidence, planning on presenting it at the never held Hearing.

With DRO Hearings, the Vet is notified by mail, of the Hearing date about 60 days before the actual Hearing. With the Review, the Award/Denial Decision with accompanying SSOC received in the mail, is his only notification that the DRO Review was completed and New Decision made.

Semper Fi